Relates to permitting appeals to the department to be conducted by means of a conference telephone, video conference or similar communications systems with and by independent hearing officers.

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S6882-2011 Actions

• Jun 4, 2012: referred to social services
• Jun 4, 2012: DELIVERED TO ASSEMBLY
• Jun 4, 2012: PASSED SENATE
• May 30, 2012: ADVANCED TO THIRD READING
• May 23, 2012: 2ND REPORT CAL.
• May 22, 2012: 1ST REPORT CAL.870
• Apr 4, 2012: REFERRED TO SOCIAL SERVICES

S6882-2011 Meetings

Social Services: May 22, 2012

S6882-2011 Calendars

Active List: Jun 4, 2012 , Floor Calendar: May 23, 2012 , Floor Calendar: May 30, 2012 , Floor Calendar: May 31, 2012 , Floor Calendar: Jun 4, 2012

S6882-2011 Votes

S6882-2011 Memo

BILL NUMBER:S6882

TITLE OF BILL:
An act to amend the social services law, in relation to permitting
appeals to the department to be conducted by means of a conference tele-
phone, video conference or similar communications systems with and by
independent hearing officers

PURPOSE:
The purpose of this bill is to enable the commissioner of the Office of
Temporary and Disability Assistance (OTDA) to embrace existing technolo-
gy, reduce administrative costs, increase efficiencies, and provide a
faster and more efficient fair hearing process for the benefit of all
parties by conducting appeal hearings using teleconferencing or video
conferencing equipment or independent fair hearing officers.

SUMMARY OF PROVISIONS:
This bill would enable the commissioner of the Office of Temporary and
Disability Assistance (OTDA) to conduct appeals using teleconferencing
or video conferencing equipment, or use independent fair hearing offi-
cers for due process hearings.

JUSTIFICATION:
Currently, OTDA conducts all fair hearing appeals using members of the
commissioner's staff. As a result, fair hearings are sometimes delayed
for several weeks pending the scheduling of these hearings.  In addi-
tion, OTDA incurs extensive travel and related expenses.

Other State agencies routinely conduct hearings using teleconferencing
or video conference equipment, saving the State time and money.  often,
these hearings are more convenient to the parties since they enable the
parties to participate using their own telephone, computer, or similar
equipment.

Corporations and other business entities have been authorized to use
teleconference equipment pursuant to the Business Corporation Law for
over 30 years, and such use is commonplace in the private sector.

LEGISLATIVE HISTORY:
This is a new bill.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect immediately.

S6882-2011 Text

                      S T A T E   O F   N E W   Y O R K
  ________________________________________________________________________

                                    6882

                              I N  SENATE

                                April 4, 2012
                                 ___________

  Introduced  by  Sen.  YOUNG  -- read twice and ordered printed, and when
    printed to be committed to the Committee on Social Services

  AN ACT to amend the social  services  law,  in  relation  to  permitting
    appeals  to  the  department  to be conducted by means of a conference
    telephone, video conference or similar communications systems with and
    by independent hearing officers

    THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
  BLY, DO ENACT AS FOLLOWS:


    Section  1. Subdivision 2 of section 22 of the social services law, as
  added by chapter 473 of the laws of 1978, is amended to read as follows:

    2. In connection with any appeal pursuant to  this  section,  with  or
  without a fair hearing, the commissioner may designate and authorize one
  or  more  appropriate  members  of his staff OR INDEPENDENT FAIR HEARING
  OFFICERS to consider and decide such appeals. Any staff member OR  INDE-
  PENDENT  FAIR  HEARING  OFFICER  so designated and authorized shall have
  authority to decide such appeals on behalf of the commissioner with  the
  same  force  and  effect  as if the commissioner had made the decisions.
  Fair hearings held in connection with such  appeals  shall  be  held  on
  behalf  of  the commissioner by members of his staff OR INDEPENDENT FAIR
  HEARING OFFICERS who are employed for such purposes  or  who  have  been
  designated  and  authorized  by  him therefor.   THE FAIR HEARING MAY BE
  CONDUCTED BY MEANS OF A CONFERENCE TELEPHONE, VIDEO CONFERENCE EQUIPMENT
  OR SIMILAR COMMUNICATIONS EQUIPMENT ALLOWING ALL  PERSONS  PARTICIPATING
  IN  SUCH  HEARING TO HEAR EACH OTHER AT THE SAME TIME. The provisions of
  this subdivision shall apply to  fair  hearings  conducted  pursuant  to
  subdivision  eight  of  section four hundred twenty-two of this chapter,
  and to any hearing required pursuant  to  this  chapter  concerning  the
  denial,  suspension or revocation of any permit, certificate or license,
  and to any hearing held pursuant to section four hundred  fifty-five  of
  this chapter.
    S  2.  This  act shall take effect immediately provided, however, that
  the commissioner may promulgate any rules or regulations  necessary  for
  the implementation of this act before this act shall have become a law.

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD14711-01-2